[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Rules and Regulations]
[Pages 37454-37463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18060]



[[Page 37453]]

_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Part 171, et al.



Transportation of Hazardous Materials; Miscellaneous Amendments; Final 
Rule

Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Rules 
and Regulations

[[Page 37454]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 175, 177, 178 and 180

[Docket No. RSPA-97-2905 (HM-166Y)]
RIN 2137-AC41


Transportation of Hazardous Materials; Miscellaneous Amendments

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Hazardous Materials Regulations 
(HMR) by incorporating miscellaneous changes based on petitions for 
rulemaking and RSPA initiative. This action is necessary to improve 
safety and to respond to petitions for rulemaking. The intended effect 
of these regulatory changes is to update, clarify or provide relief 
from certain regulatory requirements.

DATES: Effective: The effective date of these amendments is October 1, 
1998.
    Compliance: Compliance with the regulations, as amended herein, is 
authorized after August 24, 1998.
    Incorporation by reference: The incorporation by reference of a 
publication listed in this final rule is approved by the Director of 
the Federal Register as of October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous 
Materials Standards, Research and Special Programs Administration, U.S. 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590-0001, telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 4, 1995, the President directed Federal agencies to 
perform an extensive review of all agency regulations and eliminate or 
revise those requirements that are outdated or in need of reform. This 
final rule is consistent with the goals of the President's Regulatory 
Reinvention Initiative. In a continuing effort to review the HMR for 
necessary revisions, RSPA is eliminating, revising, clarifying and 
relaxing certain regulatory requirements in this final rule. On 
September 24, 1997, RSPA issued a notice of proposed rulemaking (NPRM) 
under Docket RSPA-97-2905 (HM-166Y) (62 FR 50222). The NPRM proposed a 
number of miscellaneous changes to the HMR, designed primarily to 
reduce regulatory burdens on industry by incorporating changes into the 
HMR based on RSPA's own initiative and petitions for rulemaking, 
submitted in accordance with 49 CFR 106.31. The NPRM contained 
information concerning each proposal and invited public comment. 
Readers should refer to the NPRM for additional background discussion.
    RSPA received about 20 comments in response to the NPRM. These 
comments were submitted by representatives of trade associations, 
hazardous materials consulting firms, chemical manufacturers, a testing 
and manufacturing laboratory and an air carrier. The commenters 
expressed support for various proposals, but several raised concerns 
about certain provisions in the proposals that are discussed below. One 
commenter requested amendments to the HMR other than those proposed as 
part of this initiative; the commenter's letter was accepted as a 
petition for rulemaking under 49 CFR 106.31.

II. Summary of Regulatory Changes by Section

    The following is a section-by-section summary of changes and, where 
applicable, a discussion of comments received.

Part 171

Section 171.7

    Based on a petition for rulemaking from the Association of American 
Railroads (AAR) (P-1315), RSPA proposed to update the incorporation by 
reference of the AAR manual, ``AAR Manual of Standards and Recommended 
Practices, Section C-Part III, Specifications for Tank Cars, 
Specification M-1002,'' from the 1992 edition to the 1996 edition. RSPA 
and the Federal Railroad Administration (FRA) reviewed the referenced 
requirements in the 1996 manual and agree that the changes will enhance 
public safety. Therefore, RSPA is incorporating the 1996 edition by 
reference.
    However, Sec. 173.31(b)(5) provides for tank cars modified with 
bottom discontinuity protection before July 1, 1996, to conform to the 
requirements of Appendix Y of the 1992 edition of the AAR manual. 
Appendix Y of the 1996 edition of the AAR manual is under review by an 
industry task group, of which FRA is a member, and will be revised when 
the group's task is complete. Until completion of that review, RSPA 
also is retaining its incorporation by reference of the 1992 edition 
with a corresponding reference to Sec. 173.31.

Section 171.8

    In the NPRM, RSPA proposed to add a definition for ``self-defense 
spray'' to correspond with the proposed new entry, ``Self-defense 
sprays, non-pressurized, containing not more than 2 percent tear gas 
substances,'' Class 9, that would be added in the Sec. 172.101 
Hazardous Materials Table (HMT). Two commenters suggested that RSPA add 
descriptive information in the definition. The Air Line Pilots 
Association (ALPA) suggested adding, as an example, the commonly used 
term, ``pepper spray,'' as part of the definition. The other commenter, 
the Association of Defense Spray Manufacturers (ADSM) suggested that 
RSPA either add the words ``containing not more than two percent tear 
gas or ten percent oleoresin capsicum'' in the proposed definition or 
consider capsaicin (the primary capsaicinoid present in oleoresin 
capsicum) to be a tear gas substance and disregard the percentage of 
oleoresin capsicum. ADSM stated that not all pepper sprays list the 
capsicum content on the label and some sprays are labeled as a higher 
percentage active ingredient. Although oleoresin capsicum is the active 
ingredient in pepper sprays, RSPA is concerned that limiting the 
definition or shipping description to oleoresin capsicum would exclude 
other active ingredients that may be under development for use in self-
defense sprays in the future. Therefore, RSPA is revising the 
definition to state that for self-defense sprays the two percent by 
mass limitation applies only to tear gas substances (such as 
chloroacetephenone), but not to other sprays such as (pepper sprays).
    The definition of ``Marine pollutant'' is revised by adding a 
reference to Sec. 171.4, which contains certain exceptions for marine 
pollutants. Adding the reference responds to a petitioner (P-1256) who 
stated that these exceptions are often overlooked.

Section 171.18

    Section 171.18 is amended to remove an obsolete section concerning 
registrations filed with the Bureau of Explosives (BOE).

Section 171.19

    RSPA is revising Sec. 171.19 by terminating all remaining BOE 
approvals, other than those made under approval provisions in Part 179. 
The majority of BOE approvals have been converted to approvals issued 
by the Associate Administrator for Hazardous Materials Safety (AAHMS). 
RSPA believes that any remaining BOE

[[Page 37455]]

approvals, other than those applying to Part 179 requirements, are 
obsolete. Any person holding a BOE approval who is affected by this 
termination may apply for a new approval by the AAHMS.

Part 172

Section 172.101

    RSPA is adding three new entries and revising eight existing 
entries to the HMT.
    The three new entries are ``Pepper spray, see Aerosols, etc. or 
Self-defense spray, non-pressurized,'' ``Self-defense spray, see 
Aerosols,etc.'' and ``Self-defense spray, non-pressurized.'' Because 
``not more than two percent by mass of a tear gas substance'' is 
specified in the definition of ``self-defense spray,'' the phrase is 
not needed as part of the proper shipping names and RSPA is removing it 
from the proper shipping names in this final rule. These entries 
clarify that both the aerosol and non-aerosol self-defense sprays are 
subject to the regulations. Related changes are made to Sec. 171.8 by 
adding a definition of ``self-defense spray,'' to Sec. 172.102 by 
adding a new special provision A37 for the entry, ``Self-defense spray, 
non-pressurized,'' and to Sec. 175.10.
    The entries, ``Corrosive solids, water-reactive, n.o.s.'' (UN3096) 
and ``Water-reactive solid, corrosive, n.o.s.'' (UN3131) are corrected 
by removing Special Provision 128 for Packing Groups II and III. For 
the entry, ``Aluminum smelting by-products or Aluminum remelting by-
products'' (UN3170), Special Provision 128, containing a hazard 
communication requirement, is added for Packing Groups II and III.
    The entry, ``Detonators, non-electric for blasting,'' UN0455 in 
Column (8A), is corrected by removing the erroneous reference ``none'' 
in the packaging exceptions column to read ``63(f), 63(g).''
    RSPA proposed to amend the entry ``Trifluoroacetyl chloride'' by 
adding Special Provision ``B7'' to Column (7), in response to a 
petition for rulemaking (P-1254). Special Provision B7 states that 
safety relief devices are not authorized on multi-unit tank car tanks. 
The openings for the safety relief devices must be plugged or blank 
flanged. After publication of the NPRM, another petitioner (P-1329) 
requested that RSPA add Special Provision B7 for the entries, 
``Dimethylhydrazine, unsymmetrical,'' ``Hydrazine, anhydrous or 
Hydrazine aqueous solutions with more than 64 percent hydrazine, by 
mass.'' and ``Methylhydrazine.'' The petitioner stated that it is the 
sole producer of these materials and pointed out that safe shipping 
experience has been established through DOT exemptions, DOT-E 11200 and 
DOT-E 11490, which authorize the shipment of hydrazine materials in 
multi-unit tank car tanks without relief devices. The petitioner also 
sponsored a risk analysis that focused on the transportation of 
propellants that are toxic and the risks associated with those 
materials when transported in multi-unit tank car tanks equipped with 
or without safety relief devices. The results of the analysis 
determined that there is an increased likelihood of the release of 
toxic materials when a relief device is present. The petitioner 
submitted similar comments in response to the NPRM. RSPA has studied 
the risk analysis prepared by the University of Central Florida and 
finds it to be credible. RSPA also has determined that the three 
additional materials described on the petition are similar in nature to 
``Trifluoroacetyl chloride.'' Because of the safe shipping history of 
the hydrazine products in multi-unit tank car tanks without relief 
devices under the exemptions, their similarity to ``Trifluoroacetyl 
chloride,'' and the analysis's conclusions that these materials can be 
safely shipped in multi-unit tank car tanks without relief devices, 
RSPA agrees with the petitioner that these materials warrant the same 
provision as for ``Trifluoroacetyl chloride.'' Therefore, the four 
entries, ``Trifluoroacetyl chloride,'' ``Dimethylhydrazine, 
unsymmetrical,'' ``Hydrazine, anhydrous `` and ``Methylhydrazine'' are 
amended by adding Special Provision ``B7.''

Section 172.102

    Special Provision 128 is corrected to provide that aluminum 
smelting by-products and aluminum remelting by-products meeting the 
definition of Class 8, Packing Groups II and III may also be classified 
in Division 4.3 and transported under ``Aluminum smelting by-products 
or Aluminum remelting by-products.'' An editorial revision is also made 
to the special provision to clarify that, when classified as Division 
4.3, the Class 8 must be communicated as a subsidiary risk hazard.

Section 173.32c

    RSPA is revising paragraph (j) to allow monolithic (non-flowable) 
solid materials to be loaded into IM portable tanks to a filling 
density of less than 80 percent by volume. Paragraph (j) currently 
specifies that an IM portable tank, or compartment thereof, having a 
volume greater than 7,500 liters may not be loaded to a filling density 
less than 80 percent by volume. The former requirement was intended to 
cover liquid and flowable solid hazardous materials in order to 
minimize the risk of accidents resulting from the sloshing and shifting 
of the center of gravity. A monolithic solid material which conforms to 
the tank geometry, such that the shifting of the center of gravity is 
not possible, can be safely transported in an IM portable tank at a 
filling density of less than 80 percent by volume.
    In addition, a new sentence is added to paragraph (m) which 
contains the reference to Sec. 177.834(h) for unloading of an IM 
portable tank.

Section 173.40

    Paragraph (d)(1) is revised to clarify that a strong outside box, 
used to provide protection for a thin-walled cylinder or a cylinder 
equipped with a valve, does not need to be made to a specific UN 
standard. This change is consistent with similar provisions in 
Sec. 173.301(g)(2) and (k) that permit a non-specification box to be 
used for protection of the cylinder or valve.

Section 173.56

    In the NPRM, RSPA proposed to broaden the provisions in 
Sec. 173.56(b)(1) for persons who receive approval to examine and 
assign recommended shipping names, divisions and compatibility groups 
for new explosives. The proposal stated that the person applying for 
the approval must meet the following criteria: (1) Is not be controlled 
by, or financially dependent upon, any entity that manufactures or 
markets explosives; (2) Does not perform any type of work in the 
explosives industry other than testing for determination of hazard 
class or performance; (3) Either has, or employs a person who has, at 
least ten years' experience in the examination, testing and evaluation 
of explosives; and (4) Is a resident of the United States.
    One commenter contended that the proposed criterion to exclude 
explosives manufacturers was overly restrictive and stated that 
provisions should be similar to those in Sec. 173.56(j), which allows 
manufacturers of Class 1.4 fireworks to classify their own items. 
However, another commenter stated that the proposed criterion should be 
more restrictive, stating that the criterion would permit the approval 
of too many persons and, thereby, render the activity economically 
infeasible.
    RSPA disagrees with both commenters. First, under Sec. 173.56(j), 
fireworks manufacturers are permitted to classify their own items 
provided the

[[Page 37456]]

items' chemical compositions conform to the parameters prescribed in 
the American Pyrotechnics Association's (APA) Standard for Construction 
of Fireworks. These chemical compositions identified in the APA 
standard have been used for over 50 years and their safety and 
stability are well known. They also have a proven transportation safety 
record. A similar situation does not apply to other types of 
explosives. Second, the proposed criterion provides for the approval of 
persons who have the prescribed experience in the examination, testing 
and evaluation of explosives. RSPA does not believe a limitation on the 
number of qualified persons who are approved to perform this function 
should be imposed by RSPA. Therefore, RSPA is adopting the provisions 
as proposed.
    Also, as proposed in the NPRM, RSPA is revising paragraph (i) to 
provide for RSPA to classify a material or device without a prior 
examination when adequate data is available.

Section 173.156

    RSPA is revising paragraph (b)(1) to clarify that the package 
markings specified in subpart D of part 172 do not apply to cages, 
carts, boxes or similar overpacks containing ORM-D materials that are 
offered for transportation or transported according to 
Sec. 173.156(b)(1).

Section 173.308.

    RSPA is revising paragraph (b) to clarify that when transporting up 
to 1,500 cigarette lighters on one motor vehicle by highway, the only 
part 172 provisions that do not apply are the hazard communication 
requirements in subparts C through G (i.e., shipping papers, marking, 
labeling, placarding, emergency response information) and the training 
requirements in subpart H. Special Provision N10 applies. RSPA also is 
revising paragraph (b) to require that the outer packaging be marked to 
identify the total number of devices contained in the package.

Section 173.469

    In paragraph (a)(4)(i), the value of 1.3 x 10 <SUP>-24</SUP> is 
amended to read 1.3 x 10 <SUP>-4</SUP> in order to correct a printing 
error.

Part 175

Section 175.10

    RSPA proposed to permit one self-defense device, not exceeding 118 
ml (4 fluid ounces), per passenger, in checked baggage, provided the 
device incorporates a positive means to prevent accidental discharge. 
The Air Line Pilots Association (ALPA) supported the proposal to 
regulate self-defense spray devices but stated: ``We also re-affirm our 
opposition to hazardous material items that are considered weapons of 
self-defense to be carried by passengers on their person, placed in 
carry-on baggage, or placed in checked baggage. We maintain this 
position, in part, because these items could potentially be used in a 
threatening manner and subsequent release that would be debilitating to 
the passengers and crew. Additionally, our concern includes that there 
is no way to inspect or determine, prior to a release or incident, if 
the positive means (safety device) referenced in new [proposed] 
paragraph Sec. 175.10(a)(4)(ii) is operable and in place to prevent 
accidental discharge and release of the contents, specifically with 
reference to the aerosols.''
    In a few cases, self-defense sprays have been discovered in 
passengers' carry-on luggage after the devices were accidentally 
initiated. These situations were effectively mitigated by flight crews 
and investigated by Federal Aviation Administration (FAA) personnel. 
FAA is unaware of any reported cases of self-defense sprays, packed in 
checked baggage, initiating in flight and causing discomfort to 
passengers or crew. Therefore, RSPA is revising paragraph (a)(4) to 
clarify that all types of self-defense sprays are prohibited from being 
transported by air in a passenger compartment, either on one's person 
or in carry-on baggage. However, RSPA is permitting one self-defense 
device to be carried in checked baggage.
    An air carrier expressed its support for the proposal but stated 
that it had a general concern that RSPA's statement in the preamble 
discussion to the Sec. 172.101 HMT in the NPRM, characterizing mace and 
pepper sprays as a ``deadly or dangerous weapon,'' could be 
misconstrued. The air carrier requested that RSPA clarify that the 
responsibility of the air carrier is to post warning signs, such as 
required by proposed Sec. 175.25, or otherwise notify the passenger of 
the regulations, and not to conduct questioning of passengers or 
searching of baggage for these items. RSPA did not intend in the 
preamble of the NPRM to imply that air carriers or airport personnel 
would be required to implement additional controls to screen each 
passenger or each passenger's baggage.
    In addition, this section is revised to clarify that the quantity 
limits in paragraphs (a)(4)(i) and (a)(4)(ii) apply to both medicinal 
and toilet articles and to Division 2.2 aerosols for sporting or home 
use. This section also is editorially revised to make it easier to read 
and use.

Section 175.25

    Paragraph (a) requires that aircraft operators display notices 
warning passengers against carrying undeclared hazardous materials 
aboard aircraft, in either their luggage or on their persons. As 
proposed in the NPRM, RSPA is revising the language used in the notice 
to reflect changes in the statutory citation and penalties. A new 
paragraph (a) is added to allow aircraft operators to display existing 
notices containing the obsolete language until January 1, 2002.
    In addition, based on RSPA and FAA initiative, RSPA is making four 
other non-substantive changes that provide greater carrier flexibility. 
First, the introductory language to paragraph (a)(1) is revised to 
read: ``At a minimum, each notice must communicate the following 
information:''. Second, the wording in current paragraph (a)(3) is 
revised to permit additional information, examples, or illustration, if 
not inconsistent with the required wording. These changes are 
consistent with the introductory language in Sec. 175.26(a) and permit 
the specified information to be conveyed to the public while leaving 
the format for presenting the information, such as the use of graphics, 
to air carriers' discretion. Third, paragraph (a)(2)(i) is revised to 
permit posters displayed by U.S. air carriers to have information 
printed in other languages, in addition to the required English. This 
wording facilitates communication of the required information to non-
English speaking passengers and is consistent with Sec. 175.26(b)(1). 
Fourth, paragraph (a)(2)(ii) is revised to require that the lettering 
for only the first paragraph of the notice be at least 0.4 inch in 
height and the lettering for all other paragraphs be at least 0.2 inch 
in height. The reduction of the lettering size will allow more space 
for other information, such as graphics.
    Finally, as proposed, the quantity limit reference also is 
corrected for medicinal and toilet articles carried in a passenger's 
luggage to read 70 ounces for consistency with the exception provided 
in Sec. 175.10(a)(4)(i).

Section 175.26

    This section requires each person who engages in the acceptance or 
transport of cargo for transportation by aircraft to display a notice, 
to persons offering such cargo, of the applicable requirements for 
hazardous materials aboard aircraft. RSPA is amending the wording 
required in the notice to state that a violation can result in five 
years' imprisonment and penalties of $250,000

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or more (49 U.S.C. 5124). In addition, a new paragraph (a)(4) is added 
to allow each person who accepts or transports cargo for transportation 
by aircraft to display existing notices containing the obsolete 
language until January 1, 2002.

Part 177

Section 177.834

    RSPA proposed to relax a provision in paragraph (h) to permit an IM 
portable tank to be unloaded while remaining on a transport vehicle 
with the power unit attached, provided the tank meets the outlet 
requirements in Sec. 178.345-11 and is attended during the unloading, 
as currently required for cargo tank motor vehicles under 
Sec. 177.834(i). Section 178.345-11(b)(1)(iii) provides that the remote 
means of closure for the stop valve on a cargo tank must be capable of 
thermal activation when required by Part 173 for materials which are 
flammable, pyrophoric, oxidizing, or poisonous liquids. Three 
commenters stated that many IM portable tanks are not fitted with 
outlet valves meeting this requirement. They stated that RSPA should 
allow sufficient time for valve manufacturers to develop a valve system 
that works with a fusible link for installation on new IM portable 
tanks and that all existing IM portable tanks should be excepted from 
the valve requirement. One of the commenters, the Chemical 
Manufacturers Association, stated that the redesign of a proven cargo 
handling system and the retrofit of existing portable tanks to provide 
for thermal activation capability would be both expensive and 
disruptive of commerce because tanks would have to be removed from 
service.
    RSPA disagrees with the commenters. The tank outlets are required 
to be equipped with this feature to ensure that the valve closes in a 
fire situation. Cargo tanks have been required to have this feature for 
many years. RSPA believes that when an IM portable tank is used in the 
same manner as a cargo tank it should have the same level of safety in 
the event the operator cannot manually operate the closure. RSPA 
received no comments on the proposal from valve manufacturers.
    A fourth commenter, the National Tank Truck Carriers, Inc. (NTTC), 
stated that the proposed amendment will increase the use of IM portable 
tanks for transporting hazardous materials, nationwide. Therefore, IM 
portable tanks, when operating as cargo tanks, should be subject to all 
safety requirements paralleling those of traditional cargo tank motor 
vehicles, including emergency shut-down equipment, fusible and/or 
frangible device, etc., and, in addition, the requalification 
requirements contained in Part 180.
    NTTC also stated that RSPA should specify the types of motor 
vehicle chassis, or securement devices, to use for IM portable tanks. 
NTTC stated that, with the types of trailers ranging from special 
``container only'' chassis to equipment, such as, so-called ``goose-
neck'' trailers, drop frame trailers and the conventional ``flat bed'' 
units, container securement is not adequately addressed in the Federal 
Motor Carrier Safety Regulations (49 CFR 393.100 et. seq.).
    RSPA disagrees with NTTC that these IM portable tanks should meet 
the cargo tank requalification requirements in subpart E of Part 180 
and that additional securements should apply to them. RSPA received no 
specific data indicating that the current requirements are inadequate. 
RSPA will continue to monitor the transportation experience of these 
tanks to determine if there may be a need to revise the securement 
requirements in a future rulemaking action.
    Several commenters stated that the proposal to permit on-vehicle 
unloading of IM portable tanks should also apply to loading and pointed 
out RSPA's comment in the preamble that ``portable tanks are not 
intended to be filled or emptied while attached to a transport vehicle 
or a ship during transportation.'' The statement in the NPRM was in 
error. RSPA intended to say that portable tanks may not be emptied 
while remaining on a transport vehicle with the motive power attached 
during transportation. The restriction contained in the next-to-last 
sentence of current paragraph (h) does not apply to loading. Therefore, 
the comments are beyond the scope of this rulemaking.
    Another commenter stated that the cargo tank attendance rule in 
paragraph (i)(3) is ``onerous and perhaps outmoded'' and should be 
revised to provide exceptions for cargo tanks loaded or unloaded inside 
plant facilities without public access. The need, if any, for changes 
to attendance requirements are beyond the scope of this rulemaking.
    Finally, a commenter requested that the proposal be broadened to 
include all bulk packagings and that the definition of a cargo tank, in 
Sec. 171.8, be amended to include an intermediate bulk container (IBC). 
RSPA may address other bulk packagings in a future rulemaking action. A 
proposal to amend the definition of a cargo tank is being considered 
under Docket HM-213.
    In conclusion, as proposed in the NPRM, RSPA is permitting IM 
portable tanks to be unloaded without being removed from the motor 
vehicle if the outlet requirements in Sec. 178.345-11 and the 
Sec. 178.337-11 and attendance requirements are met.

Section 177.848

    In paragraph (f), the Compatibility Table for Class 1 (Explosive) 
Materials is revised to clarify that Groups B and D are not compatible. 
However, a domestic exception (4) is allowed for Detonators when they 
are transported in accordance with the restrictions in Sec. 177.835(g). 
To avoid the possibility of incompatible explosives being transported 
together, RSPA is clarifying the restriction by replacing the entry 
``4'' with the entry ``X<INF>(4)</INF>''.

Part 178

Section 178.65

    Paragraph (i)(2)(viii)(A) is revised to update the citation ``49 
U.S.C. 1809'' to read ``49 U.S.C. 5124.''

Sections 178.352 through 178.364

    Several specification packaging requirements for radioactive 
materials contain obsolete section references. RSPA is updating these 
section references in this final rule.

Part 180

Section 180.405

    RSPA is revising paragraph (c)(1) to recognize that the date marked 
on certain older cargo tanks was the date initial construction began 
rather than the date construction was completed. This action more 
precisely grandfathers cargo tanks in a manner consistent with former 
Sec. 173.33(b)(1) (in effect prior to December 31, 1990), which read: 
``A cargo tank of the specification listed in Column 1 may be used when 
authorized in this part, provided the tank construction began before 
the date in Column 2.'' This provision applied to MC 300, 301, 302, 
303, 304, 305, 310, 311 and 330 cargo tank motor vehicles.
    Finally, paragraph (f) is revised to allow the continued use of a 
cargo tank equipped with a self-closing system before September 1, 
1993, but remarked and certified after that date.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of

[[Page 37458]]

the Department of Transportation (44 FR 11034).
    The costs and benefits asociated with this final rule are 
considered to be so minimal as to not warrant preparation of a 
regulatory impact analysis or regulatory evaluation.

B. Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''). 
Federal law expressly preempts State, local, and Indian tribe 
requirements applicable to the transportation of hazardous material 
that cover certain subjects and are not substantively the same as the 
Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
    (i) The designation, description, and classification of hazardous 
material;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (iii) The preparation, execution, and use of shipping documents 
pertaining to hazardous material and requirements respecting the 
number, content, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (v) The design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous material.
    This final rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous material, among other covered 
subjects.
    This final rule would preempt any State, local, or Indian tribe 
requirements concerning these subjects unless the non-Federal 
requirements are ``substantively the same'' (see 49 CFR 107.202(d)) as 
the Federal requirements.
    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
regulation concerning any of the covered subjects after November 16, 
1990, DOT must determine and publish in the Federal Register the 
effective date of Federal preemption. That effective date may not be 
earlier than the 90th day following the date of issuance of the final 
rule and not later than two years after the date of issuance.

C. Regulatory Flexibility Act

    This final rule would amend miscellaneous provisions in the HMR, 
generally to clarify those provisions and to relax requirements that 
are overly burdensome. The proposed changes in this rule are generally 
intended to provide relief to shippers, carriers, and packaging 
manufacturers, some of whom are small entities (for example, small 
businesses, governmental jurisdictions and not-for-profit 
organizations). The costs and benefits associated with this proposed 
rule are considered to be so minimal as to not warrant preparation of a 
regulatory impact analysis or regulatory evaluation. Small incremental 
cost increases are associated with updating the hazardous materials 
information shown on airport signs in Secs. 175.25 and 175.26. A 
delayed compliance date of January 1, 2002, is provided for displaying 
the notices to allow for a sufficient transition period. Therefore, I 
certify that this proposal will not, if promulgated, have a significant 
economic impact on a substantial number of small entities.

D. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to a collection of information unless it displays a valid OMB 
control number. This final rule does not propose any new information 
collection burdens. Information collection requirements addressing the 
approval of explosives in Sec. 173.56 are currently approved under OMB 
approval number 2137-0557. This approval expires July 31, 1999.

E. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

F. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million or more to either State, local, or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labels, 
Markings, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 177

    Hazardous materials transportation, Motor carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Reporting and recordkeeping 
requirements.
    In consideration of the foregoing, 49 CFR chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 49 CFR 1.53.

    2. In the Sec. 171.7(a)(3) Table, under the entry ``Association of 
American Railroads'', a new entry is added in appropriate alphabetical 
order to read as follows:


Sec. 171.7  Reference material.

    (a) Matter incorporated by reference. * * *
    (3) Table of material incorporated by reference. * * *

[[Page 37459]]



------------------------------------------------------------------------
      Source and name of material                49 CFR reference       
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Association of American Railroads,                                      
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
AAR Manual of Standards and Recommended  174.63; 179.6; 179.7; 179.12;  
 Practices, Section C--Part III,          179.15; 179.16; 179.20;       
 Specifications for Tank Cars,            179.22; 179.100; 179.101;     
 Specification M-1002, September 1996.    179.102; 179.103; 179.200;    
                                          179.201; 179.220; 179.300;    
                                          179.400; 180.509; 180.513;    
                                          180.515; 180.517.             
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *


Sec. 171.7  [Amended]

    3. In addition, in the Sec. 171.7(a)(3) Table, under the entry 
``Association of American Railroads'', for the entry ``AAR Manual of 
Standards and Recommended Practices, Section C--Part III, 
Specifications for Tank Cars, Specification M-1002, September 1992'', 
in the second column, the existing section references are removed and a 
new reference ``173.31'' is added in their place.
    4. In Sec. 171.8, the following definition is added in the 
appropriate alphabetical order to read as follows:


Sec. 171.8  Definitions and abbreviations.

* * * * *
    Self-defense spray means an aerosol or non-pressurized device that:
    (1) Is intended to have an irritating or incapacitating effect on a 
person or animal; and
    (2) Meets no hazard criteria other than for Class 9 (for example, a 
pepper spray; see Sec. 173.140(a) of this subchapter) and, for an 
aerosol, Division 2.1 or 2.2 (see Sec. 173.115 of this subchapter), 
except that it may contain not more than two percent by mass of a tear 
gas substance (e.g., chloroacetophenone (CN) or 0-
chlorobenzylmalonitrile (CS); see Sec. 173.132(a)(2) of this 
subchapter.)
* * * * *


Sec. 171.8  [Amended]

    5. In addition, in Sec. 171.8, for the definition ``Marine 
pollutant'', in the first sentence, the wording ``this subchapter 
and,'' is removed and ``this subchapter (also see Sec. 171.4) and,'' is 
added in its place.


Sec. 171.18  [Removed and Reserved]

    6. Section 171.18 is removed and reserved.
    7. Section 171.19 is revised to read as follows:


Sec. 171.19  Approvals or authorizations issued by the Bureau of 
Explosives.

    Effective December 31, 1998, approvals or authorizations issued by 
the Bureau of Explosives (BOE), other than those issued under part 179 
of this subchapter, are no longer valid.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    8. The authority citation for part 172 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    9. In Sec. 172.101, the Hazardous Materials Table is amended by 
adding the following entries, in appropriate alphabetical order, to 
read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *
      
      

[[Page 37460]]



                                                                             Sec.  172.101 Hazardous Materials Table                                                                            
                                                                                                                                                                                                
                    Hazardous                                                                          (8)  Packaging (Sec.  173.*        (9)  Quantity limitations        (10)  Vessel stowage 
                    materials       Hazard                                                                        * *)             -------------------------------------------------------------
    Symbols      descriptions and  class or   Identification         PG        Label      Special    ------------------------------                                                             
                 proper shipping   division       numbers                      codes     provisions                 Non-                Passenger        Cargo aircraft      Location     Other 
                      names                                                                           Exceptions    bulk     Bulk     aircraft/rail           only                              
(1)             (2)..............       (3)  (4).............  (5)..........      (6)  (7)..........       (8A)      (8B)     (8C)  (9A).............  (9B).............  (10A)........    (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
                [ADD:]                                                                                                                                                                          
                Pepper spray, see  ........  ................  .............  .......  .............  ..........  .......  .......  .................  .................  .............  .......
                 Aerosols, etc.                                                                                                                                                                 
                 or Self-defense                                                                                                                                                                
                 spray, non-                                                                                                                                                                    
                 pressurized.                                                                                                                                                                   
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
                Self-defense       ........  ................  .............  .......  .............  ..........  .......  .......  .................  .................  .............  .......
                 spray, aerosol,                                                                                                                                                                
                 see Aerosols,                                                                                                                                                                  
                 etc.                                                                                                                                                                           
+AD...........  Self-defense              9  NA3334..........  III..........        9  A37..........        155       203     None  No limit.........  No limit.........  A............  .......
                 spray, non-                                                                                                                                                                    
                 pressurized.                                                                                                                                                                   
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 37461]]

Sec. 172.101  [Amended]

    10. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
the following changes are made:
    a. For the entry, ``Aluminum smelting by-products or Aluminum 
remelting by-products'' (UN3170), for Packing Groups II and III, in 
Column (7), the special provision ``128,'' is added immediately before 
``B106'', each place it appears.
    b. For the entry, ``Corrosive solids, water-reactive, n.o.s.'' 
(UN3096), for Packing Group II, in Column (7), the special provision 
``128,'' is removed.
    c. For the entry, ``Detonators, non-electric for blasting.'', 
UN0455, in Column (8A), the reference ``None'' is revised to read 
``63(f), 63(g)''.
    d. For the entry, ``Dimethylhydrazine, unsymmetrical'', in Column 
(7), the special provision ``B7,'' is added immediately following 
``2,''.
    e. For the entry, ``Hydrazine, anhydrous or Hydrazine aqueous 
solutions with more than 64 percent hydrazine, by mass.'', in Column 
(7), the special provision ``B7,'' is added immediately following 
``A10,''.
    f. For the entry, ``Methylhydrazine'', in Column (7), the special 
provision ``B7,'' is added immediately following ``1,''.
    g. For the entry, ``Trifluoroacetyl chloride'', in Column (7), the 
special provision ``B7,'' is added immediately following ``2,''.
    h. For the entry, ``Water-reactive solid, corrosive, n.o.s.'' 
(UN3131), for Packing Groups II and III, in Column (7), the special 
provision ``128,'' is removed each place it appears.
    10a. In Sec. 172.102, paragraph (c)(1) is amended by revising 
Special Provision 128 and paragraph (c)(2) is amended by adding Special 
Provision A37 to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    128. Regardless of the provisions of Sec. 172.101(c)(12), 
aluminum smelting by-products and aluminum remelting by-products 
described under this entry, meeting the definition of Class 8, 
Packing Group II and III may be classed as a Division 4.3 material 
and transported under this entry. The presence of a Class 8 hazard 
must be communicated as required by this Part for subsidiary 
hazards.

    (2) * * *

Code/Special Provisions

* * * * *
    A37. This entry applies only to a material meeting the 
definition in Sec. 171.8 of this subchapter for self-defense spray.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    11. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.

    12. Sec. 173.32c, in paragraph (m), a second sentence is added to 
read as follows:


Sec. 173.32c  Use of Specification IM portable tanks.

* * * * *
    (m) * * * In addition, for unloading an IM portable tank, see 
Sec. 177.834(h) of this subchapter.
* * * * *


Sec. 173.32c  [Amended]

    13. In addition, Sec. 173.32c, in paragraph (j), the first word 
``An'' is removed and ``Except for a non-flowable solid, an'' is added 
in its place.


Sec. 173.40  [Amended]

    14. In Sec. 173.40, in paragraph (d)(1), in the first sentence, the 
wording ``4C1, 4D, 4F, 4G, 4H1 or 4H2'' is removed.
    15. In Sec. 173.56, paragraph (b)(1) is revised to read as follows:


Sec. 173.56  New explosives--definition and procedures for 
classification and approval.

* * * * *
    (b) * * *
    (1) Except for an explosive made by or under the direction or 
supervision of the Department of Defense (DOD) or the Department of 
Energy (DOE), a new explosive must be examined and assigned a 
recommended shipping description, division and compatibility group, 
based on the tests and criteria prescribed in Secs. 173.52, 173.57 and 
173.58. The person requesting approval of the new explosive must submit 
to the Associate Administrator for Hazardous Materials Safety a report 
of the examination and assignment of a recommended shipping 
description, division, and compatibility group. If the Associate 
Administrator finds the approval request meets the regulatory criteria, 
the new explosive will be approved in writing and assigned an EX 
number. The examination must be performed by a person who is approved 
by the Associate Administrator under the provisions of subpart H of 
part 107 of this chapter and who--
    (i) Has (directly, or through an employee involved in the 
examination) at least ten years of experience in the examination, 
testing and evaluation of explosives;
    (ii) Does not manufacture or market explosives, and is not 
controlled by or financially dependent on any entity that manufactures 
or markets explosives, and whose work with respect to explosives is 
limited to examination, testing and evaluation; and
    (iii) Is a resident of the United States.
* * * * *


Sec. 173.56  [Amended]

    16. In addition, in Sec. 173.56, in paragraph (i), the wording ``, 
following examination in accordance with paragraph (b) of this section, 
revise its'' is removed and the wording ``specify a'' is added in its 
place.
    17. In Sec. 173.156, paragraph (b)(1) introductory text is revised 
to read as follows:


Sec. 173.156  Exceptions for ORM materials.

* * * * *
    (b) * * *
    (1) Strong outer packagings as specified in this part, marking 
requirements specified in subpart D of part 172 of this subchapter, and 
the 30 kg (66 pounds) gross weight limitation are not required for 
materials classed as ORM-D when--
* * * * *
    18. In Sec. 173.308, paragraph (b) is revised to read as follows:


Sec. 173.308  Cigarette lighter or other similar device charged with 
fuel.

* * * * *
    (b) When no more than 1,500 devices covered by this section are 
transported in one motor vehicle by highway, the requirements of 
subparts C through H of part 172 of this subchapter, and part 177 of 
this subchapter do not apply. However, no person may offer for 
transportation or transport the devices or prepare the devices for 
shipment unless that person has been specifically informed of the 
requirements of this section. The outer packaging, as specified in 
Special Provision N10 of Sec. 172.102(c)(5) of this subchapter, must be 
plainly and durably marked with the required proper shipping name 
specified in Sec. 172.101 of this subchapter, or the words ``CIGARETTE 
LIGHTERS'' and the number of devices contained in the package.
* * * * *


Sec. 173.469  [Amended]

    19. In Sec. 173.469(a)(4)(i), in the second sentence, the 
mathematical expression ``(1.3  x  10 <SUP>-</SUP>\24\'' is removed and 
``(1.3 <plus-minus> 10<SUP>-4</SUP>'' is added in its place.

[[Page 37462]]

PART 175--CARRIAGE BY AIRCRAFT

    20. The authority citation for part 175 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    21. In Sec. 175.10, paragraph (a)(4) is revised to read as follows:


Sec. 175.10  Exceptions.

    (a) * * *
    (4) The following hazardous materials when carried by a passenger 
or crew member for personal use in conformance with the following 
conditions:
    (i) Non-radioactive medicinal and toilet articles (including 
aerosols) may be carried in checked or carry-on baggage;
    (ii) One self-defense spray (see Sec. 171.8 of this subchapter), 
not exceeding 118 ml (4 fluid ounces) by volume, that incorporates a 
positive means to prevent accidental discharge may be carried in 
checked baggage only;
    (iii) Other aerosols in Division 2.2 with no subsidiary risk may be 
carried in checked baggage only; and
    (iv) The aggregate quantity of hazardous materials carried by the 
person may not exceed 2 kg (70 ounces) by mass or 2 liters (68 fluid 
ounces) by volume and the capacity of each container may not exceed 0.5 
kg (18 ounces) by mass or 470 ml (16 fluid ounces) by volume.
* * * * *
    22. In Sec. 175.25, the introductory text to paragraph (a)(1), the 
second and fifth full paragraphs of the notice in paragraph (a)(1), and 
paragraphs (a)(2)(i), (a)(2)(ii) and (a)(3) are revised; and a new 
paragraph (a)(4) is added, to read as follows:


Sec. 175.25  Notification at air passenger facilities of hazardous 
materials restrictions.

    (a) * * *
    (1) At a minimum, each notice must communicate the following 
information:
* * * * *
    A violation can result in five years' imprisonment and penalties 
of $250,000 or more (49 U.S.C. 5124).
* * * * *
    There are special exceptions for small quantities (up to 70 
ounces total) of medicinal and toilet articles carried in your 
luggage and certain smoking materials carried on your person.
* * * * *
    (2) * * *
    (i) In legible English and may, in addition to English, be 
displayed in other languages; and
    (ii) In lettering of at least 1 cm (0.4 inch) in height for the 
first paragraph and 6.0 mm (0.2 inch) in height for the other 
paragraphs; and
* * * * *
    (3) Size and color of the notice are optional. Additional 
information, examples, or illustrations, if not inconsistent with the 
required information, may be included.
    (4) Notwithstanding the requirements of paragraph (a)(1) of this 
section, a notice with the wording ``A violation can result in 
penalties of up to $25,000 and five years' imprisonment. (49 U.S.C. 
1809)'' may be used through December 31, 2001.
* * * * *
    23. In Sec. 175.26, paragraph (a)(2) is revised and a new paragraph 
(a)(4) is added to read as follows:


Sec. 175.26  Notification at cargo facilities of hazardous materials 
requirements.

    (a) * * *
    (2) A violation can result in five years' imprisonment and 
penalties of $250,000 or more (49 U.S.C. 5124).
* * * * *
    (4) Notwithstanding the requirements of paragraph (a)(2) of this 
section, a notice with the wording ``A violation can result in 
penalties of up to $25,000 and five years' imprisonment (49 U.S.C. 
1809)'' may be used through December 31, 2001.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    24. The authority citation for part 177 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 177.834  [Amended]

    25. In Sec. 177.834, in paragraph (h), in the next to the last 
sentence, the wording ``cargo tank'' is removed and the wording ``cargo 
tank or IM portable tank'' is added in its place, and a new paragraph 
(o) is added to read as follows:


Sec. 177.834  General requirements.

* * * * *
    (o) Unloading of IM portable tanks. An IM portable tank may be 
unloaded while remaining on a transport vehicle with the power unit 
attached if the tank meets the outlet requirements in Sec. 178.345-11 
of this subchapter and the tank is attended by a qualified person 
during the unloading in accordance with the requirements in paragraph 
(i) of this section.


Sec. 177.848  [Amended]

    26. In Sec. 177.848, in (f), in the Compatibility Table for Class 1 
(Explosive) Materials, for compatibility group B, under the column 
headed ``D'' and for compatibility group D, under the column headed 
``B'', the entry ``4'' is removed and ``X<INF>(4)</INF>'' is added in 
both places.

PART 178--SPECIFICATIONS FOR PACKAGINGS

    27. The authority citation for part 178 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 178.352-4  [Amended]

    28. In Sec. 178.352-4, at the end of the section, the section 
reference ``Sec. 178.103(3)(c)(1)'' is revised to read ``Sec. 178.352-
3(c)(1)''.


Sec. 178.354-2  [Amended]

    29. In Sec. 178.354-2, in the first sentence of paragraph (a), the 
section reference ``Sec. 178.104-5'' is revised to read ``Sec. 178.354-
5''.


Sec. 178.354-3  [Amended]

    30. In Sec. 178.354-3, in paragraph (c) introductory text, the 
section reference ``Sec. 178.104-3(a)(1)'' is revised to read 
``paragraph (a)(1) of this section''.


Sec. 178.354-5  [Amended]

    31. In Sec. 178.354-5, in paragraph (a), the wording ``Sec. 173.24 
of this chapter'' is revised to read ``Sec. 178.3''.


Sec. 178.356-4  [Amended]

    32. In Sec. 178.356-4, in paragraph (a), the wording ``Sec. 173.24 
of this subchapter'' is revised to read ``Sec. 178.3''.


Sec. 178.358-3  [Amended]

    33. In Sec. 178.358-3, the following changes are made:
    a. In paragraph (b)(6), the section reference ``Sec. 178.121-5(c)'' 
is revised to read ``Sec. 178.358-5(c)''.
    b. In paragraph (c), the section reference ``Sec. 178.121-5(b)'' is 
revised to read ``Sec. 178.358-5''.


Sec. 178.358-5  [Amended]

    34. In Sec. 178.358-5, in paragraph (a), the wording ``Sec. 173.24 
of this subchapter'' is revised to read ``Sec. 178.3''.


Sec. 178.360-2  [Amended]

    35. In Sec. 178.360-2, the section reference ``Sec. 178.34-4'' is 
revised to read ``Sec. 178.360-4''.


Sec. 178.362-3  [Amended]

    36. In Sec. 178.362-3, in paragraph (b), the section reference 
``Sec. 178.104-4'' is revised to read ``Sec. 178.354-4''.


Sec. 178.364-5  [Amended]

    37. In Sec. 178.364-5, in paragraph (a), the wording ``Sec. 173.24 
of this subchapter'' is revised to read ``Sec. 178.3''.

[[Page 37463]]

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    38. The authority citation for part 180 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    39. In Sec. 180.405, paragraph (c)(1) is revised, paragraph (f)(7) 
is redesignated as paragraph (f)(8) and new paragraph (f)(7) is added 
to read as follows:


Sec. 180.405  Qualification of cargo tanks.

* * * * *
    (c) * * * (1) A cargo tank made to a specification listed in Column 
1 of Table 1 or Table 2 of this paragraph (c)(1) may be used when 
authorized in this part, provided--
    (i) The cargo tank initial construction began on or before the date 
listed in Table 1, Column 2, as follows:

                                 Table 1                                
------------------------------------------------------------------------
                Column 1                             Column 2           
------------------------------------------------------------------------
MC 300.................................  Sept. 2, 1967.                 
MC 301.................................  June 12, 1961.                 
MC 302, MC 303, MC 304, MC 305, MC 310,  Sept. 2, 1967.                 
 MC 311.                                                                
MC 330.................................  May 15, 1967.                  
------------------------------------------------------------------------

    (ii) The cargo tank was marked or certified before the date listed 
in Table 2, Column 2, as follows:

                                 Table 2                                
------------------------------------------------------------------------
                Column 1                             Column 2           
------------------------------------------------------------------------
MC 306, MC 307, MC 312.................  Sept. 1, 1995.                 
------------------------------------------------------------------------

* * * * *
    (f) * * *
    (7) A cargo tank remarked and certified in conformance with this 
paragraph (f) is excepted from the provisions of Sec. 180.405(c).
* * * * *
    Issued in Washington, DC, on July 2, 1998, under authority 
delegated in 49 CFR part 106.
Kelley S. Coyner,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 98-18060 Filed 7-9-98; 8:45 am]
BILLING CODE 4910-60-P